Floor Statements

Madam Speaker, I submit the following message of support from Prime Minister Kevin Rudd of Australia as Chair of the Pacific Islands Forum in response to the massive tsunami that struck American Samoa on Tuesday, September 29, 2009.

September 30, 2009.

On behalf of the membership of the Pacific Islands Forum, I

wish to formally convey our deepest condolences to Samoa,

American Samoa and Tonga for the tragic loss of life as a

consequence of the tsunami that struck on the morning of 29

September. Our prayers go out to all of those families who

have lost loved ones and those injured or displaced by this

tragic event.

I am confident that the Pacific family will do all it can

to support the relief efforts in Samoa, American Samoa and

Tonga.

As Chair of the Forum, I urge the broader international

community to mobilise in support of the relief and recovery

efforts and long term reconstruction of the villages and

infrastructure devastated by the impacts of both the tsunami

and the earthquake.

Kevin Rudd,

Chair.

Madam Speaker, I submit the following message of support from Ambassador Dennis Richardson of Australia in response to the massive tsunami that struck American Samoa on Tuesday, September 29, 2009.

Embassy of Australia,

Washington, DC, October 5, 2009.

Hon. Eni F.H. Faleomavaega,

Chairman, Sub-Committee on Asia, the Pacific and the Global

Environment, Committee on Foreign Affairs, House of

Representatives, Washington, DC.

Dear Chairman, I am writing to extend my condolences for

the loss of lives and large-scale damage experienced in

America Samoa following the 30 September 2009 earthquake and

the resulting tsunami.

Australia was pleased to be able to respond immediately to

requests for assistance from our Pacific neighbours Samoa and

Tonga, both of which were also devastated by the earthquake.

Australia is providing both countries with disaster relief

items, including food, clothing, shelter and medical

supplies, and stands ready to offer further assistance as

needed.

I understand you travelled immediately to American Samoa to

survey the damage first hand and lend your support to relief

efforts. I wish you well in these endeavours.

I have attached a 30 September 2009 statement by the

Australian Prime Minister, the Honourable Kevin Rudd, in his

capacity as the current Chair of the Pacific Island Forum,

conveying his deepest condolences to Samoa, American Samoa

and Tonga for the tragic loss of life as a consequence of the

tsunami.

Yours sincerely,

Dennis Richardson.

Madam Speaker, I submit the following messages of support from Secretary of State and Minister of Foreign Affairs Kanat Saudabayev and Ambassador Erlan Idrissov of the Republic of Kazakhstan in response to the massive tsunami that struck American Samoa on Tuesday, September 29, 2009.

Secretary of State--Minister of Foreign Affairs of the

Republic of Kazakhstan,

Astana, Sept. 30, 2009.

Hon. Eni F.H. Faleomavaega,

Chairman, Subcommittee on Asia, the Pacific, and the Global

Environment, Committee on Foreign Affairs, House of

Representatives, Washington, DC.

Dear Eni: Please accept my sincere condolences on the death

of so many people in the American Samoa after a powerful

tsunami.

Victims of this calamity will be forever in our hearts. We

feel the deepest sympathy for those who lost their loved ones

and saw their communities shattered.

At this moment of great suffering for the proud people of

American Samoa, Kazakhstan, the friend and partner of the

United States, shares your loss. We hope the warmth of our

feelings will help you as you work to rebuild their lives.

Yours sincerely,

Kanat Saudabayev.

Madam Speaker, I submit the following message of support from Ambassador Zhou Wenzhong of the People's Republic of China in response to the massive tsunami that struck American Samoa on Tuesday, September 29, 2009.

Embassy of the

People's Republic of China,

Washington, DC, September 30, 2009.

Hon. Eni F.H. Faleomavaega,

House of Representatives,

Washington, DC.

Dear Eni: I am shocked to learn that American Samoa was hit

by a devastating earthquake that triggered a powerful

tsunami. I wish to extend my sympathy to you and the people

of American Samoa for the severe casualties and all the

damages it has caused. We are deeply grieved by the loss of

so many lives and would like to extend our deepest

condolences to the families of the victims. Our thoughts are

with them at this moment.

I hope and believe that the people of American Samoa will

rebuild their home and return to their normal life soon. We

stand ready to provide any help you may need in this regard.

Sincerely,

Zhou Wenzhong,

Ambassador.

Madam Speaker, I submit the following message of support submitted by Charge d'Affaires Rona Meleisea on behalf of Ambassador Ali'ioaiga Feturi Elisaia of Samoa in response to the massive tsunami that struck American Samoa on Tuesday, September 29, 2009.

Permanent Mission of

Samoa to the United States,

New York, NY, October 1, 2009.

Hon. Eni Hunkin Faleomavaega,

Representative for American Samoa, Rayburn House Office

Building, Washington, DC.

Dear Congressman Faleomavaega: On behalf of Ambassador

Elisaia and family, our officers and staff of the Mission, we

wish to express to you, your staff and your respective

families our sincere condolences on this grave tragedy. These

natural disasters have affected our islands and its peoples,

saddens those of us serving our Governments away from our

homeland. Sorrow is felt and we are most saddened by the loss

of lives and the destruction caused by these recent events.

We stand in unity and solidarity with the people of our

islands. Our thoughts and prayers remain with all of our

people, in particular, the families of the victims of the

tsunami.

Respectfully,

Rona Meleisea,

Charge d'Affaires a.i.

Madam Speaker, I submit the following messages of support from Ambassador Han, Duk-soo of the Republic of Korea and President of the Democratic Party Chung Sye Kyun in response to the massive tsunami that struck American Samoa on Tuesday, September 29, 2009.

Embassy of the

Republic of Korea,

Washington, DC, September 30, 2009.

Hon. Eni F.H. Faleomavaega,

Chairman, Subcommittee on Asia, the Pacific and the Global

Environment, House of Representatives, Rayburn House

Office Building, Washington, DC.

Dear Chairman Faleomavaega: After seeing you under such

pleasant and enjoyable circumstances last Saturday, I hardly

expected to be writing to you today to offer my deep

condolences.

When I heard of the tragic events in American Samoa and the

devastation wrought by the tsunami, I was deeply saddened and

my thoughts immediately turned to you and the safety of your

friends and family.

In times such as these, it is important for friends to

stand together, and I want to let you know that the Korean

people stand with you in bereavement as we mourn together the

losses of the loved ones. We support you as you bring comfort

to the communities and families affected by this tragedy.

Though this is indeed a terrible tragedy, I am confident that

the people of American Samoa will always honor and cherish

the memories of those who passed away, keeping their presence

in their hearts.

My dear friend, if there is anything I can do for you,

please let me know.

Sincerely,

Han, Duk-soo,

Ambassador.

Madam Speaker, I submit the following message of support from Ambassador Winston Thompson of the Republic of the Fiji Islands in response to the massive tsunami that struck American Samoa on Tuesday, September 29, 2009.

Embassy of the

Republic of the Fiji Islands,

Washington, DC, September 30, 2009.

Hon. Eni F.H. Faleomavaega,

Member of Congress, Rayburn Office Building, House of

Representatives, Washington, DC.

Dear Congressman Eni: No words can adequately express the

sense of loss and anguish we feel at the devastation caused

in American Samoa and Samoa by the recent tsunami. It is a

terrible tragedy inflicted on innocent people.

On behalf of the Government and people of Fiji, I offer our

deep condolence on the tragic loss of life. We hope and pray

that the suffering will not be prolonged and that the people

will be assisted to rebuild their lives in the shortest

possible time.

Our thoughts and prayers are with you and the people of

American Samoa and Samoa at this time.

Very Sincerely,

Winston Thompson,

Ambassador.

Madam Speaker, I rise today to introduce the Indian Tribal Federal Recognition Administrative Procedures Act, a bill to provide for an improved administrative process for federal recognition of certain Indian groups.

The fact of the matter is the process by which the Department of the Interior to recognize Indian tribes is riddled with problems. And these problems exist in large part because the Congress itself has never by law established a process or criteria for the recognition of Indian tribes.

First, the Bureau of Indian Affair's budget limitations over the years have, in fact, created a certain bias against recognizing new Indian tribes.

Second, the process has always been too expensive, costing some tribes well over $500,000 when most of these tribes lack the resources and necessary finances. I need not remind my colleagues that Native American Indians are still facing severe challenges to education, economic activity and social development, and this administrative process perpetuates an already embarrassing situation for this country.

Madam Speaker, the courts have already acknowledged the unfair treatment of Indian groups because of the current federal recognition process. In 1996, in the case of Greene v. Babbitt, 943 F. Supp. 1278 (W.Dist. Wash), the federal court found that the existing process is ``marred by both lengthy delays and a pattern of serious procedural due process violations.'' Deciding on the recognition process for the Samish Tribe in the State of Washington, the court recognized that it took over 25 years for the Department to make a decision. Writing for the court, Judge Thomas Zilly opined that ``the Samish people's quest for federal recognition as an Indian tribe has a protracted and tortuous history . . . made more difficult by excessive delays and governmental misconduct'' (p. 1281). Moreover, certain procedures mandated in the Administrative Process Act (APA) and by the U.S. Constitution were glossed over during the acknowledgement process.

Sadly though, the Samish's administrative and legal conflict--much of which was at public expense--could have been avoided were it not for a 30-year-old clerical error of the Bureau of Indian Affairs which inadvertently left the Samish Tribe's name off the list of recognized tribes in Washington. With a record like this, it is little wonder that many tribes have lost faith in the Government's recognition procedures.

Fixing the recognition process was also noted by former President Clinton. In a 1996 letter to the Chinook Tribe of Washington, the President wrote, ``I agree that the current federal acknowledgment process must be improved.'' Despite some progress been made, President Clinton further added that ``much more must be done.''

And the most recent action of this administrative acknowledgment process gives no hope to non-recognized tribes of a reasonable and timely process. The Bureau of Indian Affairs recently issued what it calls a proposed finding on the Brothertown of Wisconsin petition for federal acknowledgment. This tribe's petition was considered ready for consideration by the BIA in 1996--even so, the BIA did not take up the petition until 2008, 12 years later. In the proposed finding issued this August, the BIA proposed to turn down recognition of the tribe for several reasons. One of those reasons was a finding by the BIA that the tribe had been terminated by Congress in 1839. Now, a tribe that has been terminated by Congress cannot be recognized by the BIA. And yet, the BIA insists that this tribe complete this administrative process-- at the cost of thousands of dollars to the government and the tribe-- even though the BIA could not recognize the tribe even if it finds that the tribe meets the criteria for recognition. A process that requires such a thing makes no sense for the Federal Government or for tribes.

Madam Speaker, the legislation I introduce today provides the vehicle to fix the recognition process for Indian groups. It embodies a framework to lessen the adverse impact and the unfortunate burden on Indian groups seeking federal recognition.

Under this proposal, the administrative burden and responsibility for the federal recognition process is transferred from the Bureau of Indian Affairs, BIA, to an independent Commission on Recognition of Indian Tribes. The Commission shall consist of seven members appointed by the President with the consent of the Senate. This commission is tasked with reviewing and acting upon documented petitions submitted by Indian groups that apply for federal recognition.

Under this legislation, clear and consistent standards of administrative review of documented petitions for federal recognition are provided for. Moreover, this bill clarifies and identifies clear evidentiary standards for administrative review and also helps expedite the process by providing adequate resources to process documented petition.

Some have expressed concern that prior bills would open the door for more tribes to conduct gambling operations on new reservations. While I cannot say that no new gambling operations will result from this bill, I do believe that this bill will have only a minimal impact in the area.

I would like to remind my colleagues that: (1) unlike State-sponsored gaming operations, Indian gaming is highly regulated by the Indian Gaming Regulatory Act (IGRA); (2) before gaming can be conducted, the tribes must reach an agreement with the state in which the gaming would be conducted; (3) under IGRA, gaming can only be conducted on land held in trust by the federal government; (4) gaming can only be conducted at a level the state permits on non-Indian land; and (4) any gaming profits can only be used for tribal development, such as water and sewer systems, schools, and housing.

I want to emphasize this point--this is not a gambling bill, this is a bill to create a fair, objective process by which Indian groups can be evaluated for possible federal recognition.

Madam Speaker, this bill is not perfect in every form, but it is the result of many hours of consultation and years of work. I want to thank Chairman Rahall and everyone involved in this endeavor. Many parties and stakeholders have come together for the purpose of making sound, careful changes which recognize the historical struggles the unrecognized tribes have gone through, yet retaining some of the framework the Bureau of Indian Affairs has developed diligently over the years.

In conclusion Madam Speaker, I hope we can take final action and make much needed improvements to the Federal Indian Recognition process.

Mr. Speaker, I rise in strong support of House Resolution 733, which expresses condolences to the people of Taiwan who suffered so much as a result of the devastating typhoon that struck the island last month.

I visited Taiwan on August 20-22, 2009 as member of a congressional delegation led by the Honorable Howard Berman, chairman of the House Foreign Affairs Committee. At the time of our visit, Taiwan remained in the early stages of its response to typhoon Morakot, and the extent of the loss of life and damage done had yet to be fully determined. As we now know, Morakot was the deadliest typhoon to strike Taiwan ever recorded. Extreme

amounts of rain from the typhoon triggered enormous mudslides and severe flooding throughout southern Taiwan. In perhaps the worst single tragedy, one of those mudslides buried the entire town of Xiaolin, killing more than 500 people.

Fortunately, during our brief visit to Taipei, all of us in the congressional delegation had a chance to express our personal condolences to the people of Taiwan while in meetings with President Ma Ying-jeou, Foreign Minister Francisco H.L. Ou, and Legislative Yuan President Wang Jin-pyng. With this resolution, now all Members of the House--on behalf of the people and government of the United States-- will have a chance to extend their sincerest condolences as well.

As the resolution notes, and as we were told while in Taiwan, the United States was able to provide aircraft, helicopters, and other forms of assistance to speed the recovery efforts. And as we found out, one of the important factors enabling our swift and robust response was President Ma's success in working to reduce tensions across the Taiwan Straits.

Taiwan expects the hard work of repair and reconstruction will continue for the next 3 years. But our friends in Taiwan should know that the United States and the American people understand their suffering and stand ready to continue assisting them as they repair the devastation wrought by the typhoon. For this reason, I urge my colleagues to support H. Res. 733.

Mr. Speaker, I rise in strong support of H.R. 3593, which amends the United States International Broadcasting Act of 1994 to extend for an additional year the grant-making authority of the Broadcasting Board of Governors regarding Radio Free Asia (RFA). Without this legislation, that grant-making authority will expire this week, putting the important services of RFA at risk.

The U.S. International Broadcasting Act of 1994 called for RFA to engage in ``the continuation of existing U.S. international broadcasting, and the creation of a new broadcasting service to people of the . . . countries of Asia, which lack adequate sources of free information and ideas [to] enhance the promotion of information and ideas.'' Reflecting its mandate, Radio Free Asia describes its mission as providing ``accurate and timely news and information to Asian countries whose governments prohibit access to a free press.'' One of RFA's ultimate aims is ``to serve as a model on which others may shape their own emerging journalistic traditions.''

Guided by its core principles of freedom of expression and opinion, RFA has provided domestic news and information to its listeners since 1996. Each RFA broadcast--in nine different languages--is distinctive as each reflects the unique culture and preferences of its listeners.

As a result of its rigorous journalistic standards and hard work, RFA has won numerous honors. This year, for example, Radio Free Asia was named Broadcaster of the Year by the prestigious New York Festivals Radio Programming and Promotions Awards.

That recognition is well deserved as Radio Free Asia is an important voice for millions of listeners, and this legislation will ensure that RFA's voice will be heard for another 12 months. For this reason, I urge my colleagues to support H.R. 3593.

Mr. Speaker, I rise in strong support of H.R. 2131, which amends the Foreign Affairs Reform and Restructuring Act of 1998 to reauthorize the United States Advisory Commission on Public Diplomacy through September 30, 2010.

The Advisory Commission is a bipartisan panel created by Congress and appointed by the President to formulate and recommend to the President, the Secretary of State, and Members of Congress policies and programs to carry out public diplomacy of the U.S. Government, and to assess the effectiveness of ongoing public diplomacy activities. Such programs and activities constitute our effort to understand, inform and influence foreign publics in support of U.S. foreign policy objectives.

Public diplomacy has never been more important to the security of our nation than it is today. Fortunately, President Obama enjoys a wellspring of support overseas, offering the United States a chance to repair its image. According to a new survey released on September 9, 2009 by the German Marshall Fund of the United States, for example, European support for President Barack Obama's handling of foreign policy is currently at 77 percent, four times greater than that of George W. Bush when he left office. In the Asia Pacific region and throughout the rest of the world, support rates for our new President have climbed at similarly dramatic rates.

Yet, the challenges confronting U.S. public diplomacy are varied, and there is no easy means to address them. As Under Secretary of State for Public Diplomacy and Public Affairs, Judith A. McHale, said in testimony before the Senate Foreign Relations Committee during her nomination hearing, ``An important lesson of recent years is that we must do a better job of thinking and planning strategically, with a clear mission and a steady eye on long-term global goals, accompanied by careful assessment of programs, personnel and expenditures. This will allow us to craft proactive, purposeful and integrated programs that further U.S. policy interests and resonate with foreign publics.''

The Advisory Commission was created specifically to assist in devising such strategic plans and in providing objective criticism. It has done an excellent job in this regard and deserves to continue its work for another year, and this is why I am hopeful that my colleagues will join me in supporting H.R. 2131.

Mr. Speaker, I rise in strong support of H.R. 860, legislation to reauthorize the Coral Reef Conservation Act of 2000. I want to commend the gentlelady from Guam who is my good friend and Chairwoman of the Subcommittee on Insular Affairs, Oceans and Wildlife, Congresswoman Bordallo, for her leadership on this important issue. I also want to commend Chairman Rahall and members of the Natural Resources Committee for bringing this important bill before the House for consideration.

Mr. Speaker, much has been said about how our coral reefs are in a critical state but it must be reemphasized that the conservation of coral reef is a national priority, especially given its ecological, social, economic and scientific value.

Known also as the ``rainforests of the sea,'' coral reefs provide support to about 4,000 documented fish species, 800 species of hard corals, and hundreds of other species, which is more species per unit area compared to any other marine ecosystem.

Economically, coral reefs provide the basis for an estimated $400 billion global fishing and tourism industry. For the Territories in the South Pacific Region, the economic value of coral reefs is even steeper. For example, estimates of annual economic value of coral reefs in Guam ($127.3 million), the Commonwealth of the Northern Mariana Islands ($61.7 million), and American Samoa ($5.8 million), demonstrate the importance of this resource to island economies.

But even more significant, there is increasing interest in research on corals for possible cures for cancer, arthritis, human bacterial infections, viruses and other diseases. In addition, corals which live 300 years or more may contain environmental data that can assist scientists to better understand climate change and also improve studies on ocean acidification.

Yet, more than 28 percent of the world's coral reefs have been lost forever. The list of environmental threats facing coral reefs is long including overfishing and destructive fishing practices; ship groundings and debris; impacts of human population growth and shoreline development; polluted runoff and degraded water quality; and siltation and impaired water clarity.

In addition, more studies have revealed climate change also poses serious threats, including ocean acidification and warming of tropical and subtropical coastal waters. Such is the seriousness of threat on coral reefs that the global community declared 2008 as the International Year of the Reef. This was even recognized by the House in the last Congress through the unanimous passage of House Resolution 1112.

To address these many threats to coral reefs, Congress passed the Coral Reef Conservation Act which established the Coral Reef Conservation Program within the National Oceanic and Atmospheric Administration (NOAA) to fund coral reef conservation activities. H.R. 860 follows this successful model in place and provides additional tools and mechanisms to better protect our coral reefs.

In addition, I am especially encouraged that this bill also recognizes the importance of providing funding and resources to institutes that are directly impacted and also pursuing further exploration and research of coral reefs. Under this bill, universities and research centers, such as coral reef institutes or other educational institutions such as the University of Guam or American Samoa Community College, will be given resources and support to conduct ecological research and monitoring that builds capacity for more effective resource management.

I cannot reemphasize enough the importance of coral reefs to our nation and the rest of the world. I urge my colleagues to vote yes on H.R. 860 and help protect our coral reefs.

Mr. Speaker, I rise today in support of H.R. 1080, legislation to strengthen enforcement mechanisms to stop illegal, unreported, and unregulated fishing. I thank the Chairwoman of the Subcommittee on Insular Affairs, Wildlife, and Oceans for her leadership on this important issue. I also want to thank Chairman Rahall and members of the Natural Resources Committee for bringing this important bill for House consideration

Mr. Speaker, the practice of illegal, unreported, and unregulated fishing (IUU) poses serious threats to our marine ecosystems and undermines our efforts to conserve and manage our ocean resources, and our fishing industry. Estimated at an annual global value of $10 to $23.5 million, IUU affects fish migration between the U.S. Exclusive Economic Zone (EEZ) and the high seas, and adversely impact the catch for our own fishing boats and subsequently restricts our fish supply. Overall the increasing problem of IUU clearly compromises any benefits from our domestic fisheries management efforts.

This bill, H.R. 1080, provides the framework to better track and monitor IUU. On an international level, the publication of vessels who have engaged in IUU and identifying and listing nations who have not complied with terms of the international fisheries agreements, will ensure that nations will make it a high priority to improve their efforts in the conservation and management of fisheries resources. It also strengthens the cooperation between the U.S. and the international fisheries organizations throughout the world by providing the necessary technical expertise and funding in collaborative efforts to build capacity and to better enforcement. Importantly, this legislation authorizes and provides funding for a stronger enforcement mechanism to ensure that the U.S. complies with the many international fisheries treaties and agreements that the U.S. is a part of.

I know for a fact that this has had great impact on the island nations in the Pacific where fishing vessels from other nations or pirate ships who illegally entered their waters and fished and then transport and exchanged their catch in the high seas. Illegal fishing as such has had a great impact on the local communities and the cultures that heavily rely on subsistence fishing. I have personally witnessed in my District the fact that more and more local fishermen have returned from long trips without any catch. This depletion is evident in the short supply of fish for our struggling local canneries which is the largest private employer in American Samoa. This is a clear example of the impacts of IUU and without the strong enforcement and regulation of our fisheries treaties and agreements, we will lose our fish stocks, thus, impacting our marine ecosystems and for most in the Pacific, their way of life.

This legislation reinforces the fact that U.S. will not tolerate the ongoing onslaught of illegal fishing on our fisheries worldwide. I urge my colleagues to support H.R. 1080.

Madam Speaker, on June 23, 2009, I introduced House Resolution 574, expressing the sense of the House of Representatives that Peru should engage in peaceful dialogue to address ongoing political conflict between state authorities and indigenous peoples in compliance with the U.N. declaration on the rights of Indigenous Peoples and ILO Convention 169.

Earlier this year conflict had developed in Peru over the enactment of Legislative Decrees 1090 and 1064, which had potentially significant adverse impacts on the rights and property of Peru's indigenous peoples. Protests erupted in June in Bagua, Peru ultimately leading to the deaths of police officers and protestors.

In subsequent months, the Government of Peru has taken a number of steps to reduce tensions, investigate the violence and engage in peaceful dialogue. On July 23, 2009, Dorothy Ngutter, Peru Desk Officer at the State Department, sent my office information on developments related to H. Res. 574, noting improvements on the ground, including an agreement with indigenous groups on the establishment of a ``multi- sectoral commission consist[ing] of government, civil society, NGOs and indigenous leaders.'' I am including the full text of her message in my remarks for the record.

On July 24, 2009, I met with Peru's Ambassador to the United States, Luis M. Valdivieso, and he described the steps taken by Peru in the aftermath of the violence in more detail. On September 10, 2009, he sent me a letter along with a progress report on the work of the National Group of Coordination for the Development of Amazon Communities, which he noted, ``was created in the aftermath of the unfortunate events that took place in Bagua, Amazon Region of Peru in early June.''

According to that progress report, the National Group of Coordination for the Development of Amazon Communities (NGCDAC), created four subgroups focused on examining the events in Bagua, evaluating the contentious Legislative Decrees, gathering information on appropriate methods of consultation regarding International Labor Organization Convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples, and creating a National Development Plan for the Amazon Region for submission to Peru's Congress by December 26, 2009.

The steps taken by the Government of Peru are positive, in line with H. Res. 574, and deserve recognition. I applaud the progress in Peru and want my friends there to know that

I will continue to follow events regarding the country's indigenous peoples closely. For the record, I include a copy of the progress report and the letter from the Ambassador with my remarks.

State Department Views on Developments in Peru

Protests by Indigenous groups, led by an umbrella NGO

(AIDESEP), began in April against several legislative decrees

passed in 2008 they felt would infringe on their rights.

While it was not completely clear what portions of the laws

were at issue, the indigenous groups main stated concern was

that there had been inadequate consultation prior to the

passage of the decrees. In mid-May, the Government of Peru

initiated a dialogue with AIDESEP's leaders to discuss

indigenous concerns. These early talks were slow going and

fell apart when AIDESEP walked out on the talks.

The government acted to remove roadblocks near the town of

Bagua and restore supplies to affected neighboring

communities on June 5. Clashes between police and protestors

ensued when police attempted to remove the roadblocks;

separately police officers--previously taken hostage at a

pumping station--were murdered following news reports of the

earlier clashes. Official reports, confirmed by the

independent the independent Human Rights Ombudsman's office,

put the death toll at 33 (including 10 civilians and 23

police).

The situation on the ground has changed since the violence

in early June. The government has reached an agreement with

indigenous groups June 15; repealed two laws June 18; and

established a multi-sectoral dialogue process. The multi-

sectoral commission consists of government, civil society,

NGOs and indigenous leaders. With four subgroups looking at

the June incidents; concerns on legislative decrees and

proposals to replace the repealed decrees; definition of a

mechanism for prior consultation in accordance with ILO

requirements; and the development of a national proposal for

Amazonian development. To date, the commission has met at

least three times.

The recent government reshuffle should have no effect on

the dialogue, as the incoming Prime Minister has publicly

declared support for ongoing dialogue processes.

Embassy of Peru,

Washington DC, September 10th, 2009.

Hon. Eni F.H. Faleomavaega,

House of Representatives,

Washington, DC.

Dear Mr. Faleomavaega: Attached for your information please

find a brief progress report on the work of the National

Group of Coordination for the Development of Amazon

Communities which was created in the aftermath of the

unfortunate events that took place in Bagua, Amazon Region of

Peru in early June.

Please feel free to contact me in case you need further

clarification.

Sincerely yours,

Luis M. Valdivieso,

Ambassador of Peru.

Dialogue Process Between the Amazonian Communities and the Government

of Peru

By Supreme Resolution 0117-2009-PCM issued on June 10th

2009, the Government of Peru created the ``National Group of

Coordination for the Development of Amazon Communities''

(NGCDAC) with the objective of rising a comprehensive

sustainable development plan for indigenous peoples in areas

such as education, health, titling and the formalization of

land, among others. The Government of Peru aims at presenting

to the Congress a proposal of National Development Plan for

the Amazon by December 26th.

By Supreme Resolution 0211-2009-PCM issued on August 25th

2009, new members of the NGCDAC were added, which includes:

a. Eight (08) Representatives of the Executive Branch

(Ministers or their representatives): Ministries of

Environment, Energy and Mines; Women and Social Development;

Health; Education; Transport and Communications; Housing,

Construction and Sanitation. It is chaired by the Ministry of

Agriculture that also will be the Technical Secretariat

(originally there were only four ministries).

b. Eleven (11) Representatives of Regional Governments:

Presidents of the Regional Government of Loreto, Ucayali,

Amazonas, San Martin, Madre de Dios, Cuzco, Huanuco, Pasco,

Junin, Ayacucho and Cajamarca (originally there were only

four regional governments).

c. Representatives of Amazonian indigenous organizations

(AIDESEP and CONAP).

This NGCDAC is the core of the dialogue process (known also

as the Dialogue Roundtable) and it has four (04) Working

Groups. So far, the progresses the four working groups are:

(1) Inquiry Commission on the events in Baqua

On September 2, 2009, seven (07) members of the Inquiry

Commission on the events in Bagua (Amazonas) on June 5th

2009, were elected. The working group consists of:

a. Representatives of indigenous communities: Pilar

Mazzetti Soler (former Minister of the Interior), Mary Carmen

Gomez and Jesus Calleja Manacas Valverde.

b. Representatives of the Executive Branch: Ricardo Alvarez

Lobo, Susana Pinilla Cisneros (former Minister for Women and

Social Development) and Walter Gutierrez Camacho.

c. Regional governments delegate, Manuel Ernesto Bernales

Alvarado.

The members of this working group will have a meeting with

the Ministry of Agriculture no later than September 5th 2009.

The Ministry of Agriculture is the chairman of the NGCDAC.

The chairman of the working group will be elected among its

members. It is expected that this group provides the results

of its investigation by December 26th 2009.

(2) Evaluation of Legislative Decrees

This evaluation is being developed under the coordination

of the Ministry of Agriculture. The Law on Forestry and

Wildlife, and its Bylaw are considered by the working group

as reference documents. This group has organized exhibitions

and workshops and evaluated many proposals on forestry

regulations submitted by each of the parties involved in the

dialogue -central government, regional governments and native

communities. They will be discussed and then consulted with

the indigenous communities.

To contribute to finding consensus on this issue with

representatives of regional governments and indigenous

communities, on September 2nd 2009, the Bureau for Forestry

and Wildlife Affairs of the Ministry of Agriculture submitted

to the NGCDAC a document with technical inputs to improve the

forestry legislation.

(3) Consultation Mechanisms (in order to accomplish the ILO

Convention 169)

This working group is gathering information on the methods

of consultation: the Convention 169 itself and its handbook;

the United Nations Declaration on Indigenous Peoples Rights;

the draft proposal of law in Congress concerning the right of

consultation; the report of the Ombudsman on the Bagua issue,

and a case review related to the Saramaka population of

Suriname.

Regarding this topic, it has been organized the

International Seminar ``Right of consultation of Indigenous

people, policy framework and implementation experiences'', as

well as decentralized meetings on this issue. Both the

Ombudsman and the Sub Regional Office of the ILO have made

presentations on the Convention 169. On September 17th this

working group will assemble to set up proposals on the

matter.

Since the group has started its works, it is taking into

consideration the opinions and points of views expressed by

Amazonian communities for the purpose of arriving to a draft

bill to be submitted to the NGCDAC.

(4) National Development Plan of the Amazon Region

The agenda includes issues relating to indigenous peoples

and the Amazon Region, such as:

Land, natural resources and biodiversity.

Identity, culture and human development.

Organization, autonomy and governance.

Economics, management and sustainable development.

So far, this working group has had several meetings and has

organized exhibitions, workshops and proposals about this

matter.

Since August 29th 2009, this working group is revising and

updating of the ``Action Plan for Priority Issues of the

Special Multisector Commission for Indigenous Communities''.

Until September 2nd 2009, this group has worked on these

subjects: land property rights and legal stability; bilingual

education; increasing of the coverage of public health, and

conditions of peace and security for native communities.

Since the installation of NGCDAC, there have been a total

of 37 meetings of the four working groups, which were

undertaken in an atmosphere of respectful and transparent

dialogue.

Within 120 days, the NGCDAC must submit to the Presidency

of the Council of Ministers, the Comprehensive Plan for

Sustainable Development of the Amazonian Peoples.

Madam Chair, I rise today in strong support of H.R. 3221, the Student Aid and Fiscal Responsibility Act of 2009. I especially want to thank Chairman Miller; the ranking member, Mr. Kline; and members of the House Education and Labor Committee for producing this important bill to reform the student loan program, provide modernization, renovation and repair of public school facilities, enhance early learning and strengthen our Nation's community colleges.

I also want to commend the chairman of the Higher Education Subcommittee, the gentleman from Texas, Mr. Ruben Hinojosa, for his leadership and efforts in bringing this legislation to the floor.

Madam Chair, this bill provides many benefits to our schools and families across the United States. Especially in these dire economic times, H.R. 3221 provides much-needed assistance, not only to make education more affordable and accessible, but also assist us to increase the number of degrees and certificate completion rates.

Madam Chair, I want to thank the authors and sponsors, especially for recognizing the value of community colleges throughout our Nation. This legislation gives authorization to the Secretary of Education to award grants to States and territories for the construction of new community college facilities and for the modernization, renovation and improvement of existing facilities.

This is a fantastic bill, and I urge my colleagues to support this legislation.